Terms of Use

 

Our website, http://www.fitdocmalaysia.com (“Website”) shares information about the services provided by FIT DOC ENTERPRISE and its affiliates (hereafter referred to as “FITDOC”, “us”, “our” or “we”). The use of the Website is solely governed by this Terms of Use and any other terms or policies, rules, regulations, guidelines, terms, and conditions, inter alia, the Privacy Policy (as they may be revised and amended from time to time) published by us. Moving past the home page of the Website and/or using any of the services shall be taken to mean that you have read and agreed to all of the terms and conditions so binding on you as laid down in these terms.

 

For the purpose of these Terms of Use, wherever the context so required the term ‘You’ shall mean any natural or legal person who has visited the Website and provided certain personally identifiable information that can be used to contact or identify you (“Personal Information”).

 

The Website enables you to make online bookings for medical consultation services by doctors, pharmacists, and/or other healthcare providers. The doctors, pharmacists, and/or other healthcare providers will be allocated to you based on availability.

 

You now acknowledge and declare that before making such a request, you had considered and evaluated the responsibilities and risks that may arise in using FITDOC's services and you have taken and will continue to take all necessary steps to avoid or reduce any unacceptable responsibilities and risks on its part.

  

1. TERMS AND CONDITIONS OF ACCESS TO AND USE OF FITDOC’S SERVICES

 

1.1         By using the Website, you agree to be bound by these Terms of Use as posted on and accessible through our Website. It is important that you read carefully and understand the terms and conditions contained or referred to below before you accept the same, move forward to create an account, become a registered user, and use FITDOC’s services. You also agree to be bound by any additional terms and conditions that are referenced herein or that otherwise may apply to the use of the Website. If you do not agree to these Terms of Use, please do not download or use the Website.

 

1.2 The Website is an evolving medium. We reserve the right to change or modify the terms and conditions of this Terms of Use. In the event that we change or modify the terms and conditions of this Terms of Use, we will publish the revised Terms of Use on our Website with the date of the last revision duly recorded. By continuing to use the Website following the date of the latest revision, you agree to be bound by the revised Terms of Use.

 

2. ELIGIBILITY

 

2.1 To be eligible to create an account and become a registered user, you must be at least 18 years of age and capable of entering into and performing legally binding contracts under applicable law.

 

2.2 If you are under 18 years of age, please do not use our Website.

 

2.3 When registering for an account, you will be asked to provide us with Personal Information. Upon successful registration, we will provide you with an account, accessible to you with a password of your choice.

 

2.4 You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you.

 

2.5 By registering for an account, you represent, warrant, and undertake that all information provided to us is truthful, accurate, up-to-date, and complete.

 

2.6 In the event we discover that you have not provided us with accurate, up-to-date, and complete information, it may result in your inability to obtain the services and/or to access and/or use your Account, and we hold the rights to suspend your Account and/or terminate this Terms of Use with you without being held liable for such termination and/or suspension.

  

3. COMMUNICATIONS AND INFORMATION SHARING

 

3.1 By using the Website, it is deemed that you have consented to receive house calls, video calls, auto-dialed and/or pre-recorded messages or calls from us at any time with the use of the Personal Information that has been provided by you for the use of the Website, subject to the Privacy Policy.

 

3.2 We make use of certain functionalities provided by third parties to include maps, geo-coding, places and other content from Google, Inc. (“Google”) as part of the website (the “Geo-Location Services”). To use the services, you must allow the Website to use the Global Positioning System receiver installed on your mobile device to detect your location. Your use of Geo-Location Services is subject to Google’s prevailing Google Maps Terms of Use (http://www.google.com/intl/en_us/help/terms_maps.html) and Google’s prevailing privacy policy (http://www.google.com/privacy.html).

 

3.3 You acknowledge and agree that the use of the Website requires a mobile data plan, and may consume a large amount of data through the mobile data plan. You agree that you are responsible for all mobile data charges you incur through your use of the Website.

 

3.4 The use of this Website is also your consent to receive communications such as SMS, and emails from us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing communications. By creating an account, you agree that we may send you information text messages as part of the normal business operation of your use of the services. In case you wish to stop contact with us for the same, you may send us an email to the effect at fitdocmalaysia@hotmail.com.

 

3.5 To enable the doctors, pharmacists, and/or other healthcare providers who have accepted your request for services to locate you, you agree to remain at the location agreed with the doctors, pharmacists, and/or other healthcare providers. You may be asked by the doctors, pharmacists, and/or other healthcare providers to provide proof of identity and other relevant information (e.g. medical history, drug allergies). You agree to provide full and accurate information to the doctors, pharmacists, and/or other healthcare providers. You acknowledge that the quality of the services is heavily dependent on the information, which you provide to the doctors, pharmacists, and/or other healthcare providers. You acknowledge and agree that you may be denied the services if you refuse to provide proof of identity and other requested information to the doctors, pharmacists, and/or other healthcare providers.

 

3.6 By using the services, you represent, warrant, agree, and undertake that:

 

a) you will comply with all applicable laws;

b) you will not, in your use of the services, cause nuisance, annoyance, inconvenience, or property damage to the doctors, pharmacists, and/or other healthcare providers; and

c) any complaint that you may have regarding the services shall be taken up by you with the doctors, pharmacists, and/or other healthcare providers directly.

 

3.7 The sharing of the information provided by you will be governed by the Privacy Policy. We will not give out such your contact information to third parties not connected with the Website and the services offered by it, and/or for any purpose not in furtherance of the activities and aims of FITDOC. Please refer to the ‘Privacy Policy’ for more information.

 

4. FINANCIAL TERMS

 

4.1 The use of the Website and registration of an account is free of cost and this includes only the usage of certain services of the Website. You hereby understand and accept that the free/complimentary services and/or any ongoing promotion(s) may be amended at any time at our own discretion.

 

4.2 However, in the event you use the Website and/or account for payable services such as consultation with the doctors, pharmacists, and/or other healthcare providers or buying medication, you shall be required to pay for the consultation as stated on the payment page at the time of usage and in the event that medication(s) is prescribed by the doctors, pharmacists, and/or other healthcare providers, you shall be required to pay the medication(s) if you would like to procure the medication(s), alongside delivery costs where applicable.

 

4.3 All prices listed on the Website by us are subject to change and you hereby understand and accept that we reserve the right to amend, change, and modify the price listed at any time without prior notice. Any discount codes for prices listed on the Website given and/or caused to be given by us are not applicable to certain products.

 

4.4 After you have received the services, you may choose to pay for the services by online transfer, Touch & Go, credit/debit card (“Card”), and/or any other payment method(s) available on the Website. You will need to provide all the necessary info in accordance with the instructions from the financial service provider to enable the payment processing services and to appoint us as your limited payment collection agent solely for the purpose of accepting the charges and agreeing that payment made to us shall be considered the same as payment made directly by you to the financial service provider.

 

4.5 Charges paid by you are final and non-refundable unless otherwise determined by us.

 

4.6 While availing any of the payment method(s) available on the Website, we shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

 

a)   Lack of authorization for any transaction(s); or

 

b)   Exceeding the preset limit mutually agreed by you and ‘Bank(s)’ or any financial service provider; or

 

c)    Any payment issues arising out of the transaction; or

 

d)   Decline of transaction for any other reason(s)

 

4.7 You shall comply with all the applicable laws for using payment facilities and the Website.

 

5. CANCELLATIONS AND REFUNDS

 

5.1 Once an appointment has been made and it is confirmed, no amount shall be refunded. You acknowledge and agree that if you elect to cancel requests for the services, we may charge you a cancellation fee which will vary according to the nature of the services you may have requested.

 

5.2 However, in certain circumstances, we at our sole discretion, shall permit a refund of the full or partial amount if no suitable medication(s) substitute is available for dispensation (including delivery costs where applicable). Our decision shall be final in such cases.

 

6. THIRD PARTY INFORMATION

 

6.1 The content on the Website which includes all text, graphics, user interfaces visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is our content.

 

6.2 The Website may contain links to any third-party websites that are not associated with us. We have no control over any third-party user-generated content as we are merely an intermediary for the purposes of that content. 

 

6.3 You acknowledge and agree that in the event that a third party infringes any intellectual property of any person, the third party shall be solely responsible for any loss caused and we shall not be liable. You may email us at fitdocmalaysia@hotmail.com to report any such content.

 

7. CONFIDENTIALITY

 

7.1 You shall keep confidential all information and materials about the services, and all information of a secret, confidential, or proprietary nature concerning our business or affairs and which is not otherwise in the public domain that may come into your knowledge or possession as a result of communications between you and us.

 

7.2 In the event we discover that you have made or intend to make or cause to be made any unauthorized disclosure of the confidential information, we shall be entitled to take out an injunction against you to restrain you from making any such disclosure. In addition or in the alternative, as the case may be, we shall be entitled to exercise such legal and equitable remedies as are available in respect of the breach of this Terms of Use and to further protect the confidential information.

 

8. INTELLECTUAL PROPERTY

 

8.1 You acknowledge and agree that the Website and all copyright, patents, trademarks, trade secrets, and other intellectual property rights associated therewith are, and shall remain, the intellectual property of FITDOC.

 

8.2 The Website may utilize or include third-party content and software (“Third Party Content”) that is subject to open source and third-party terms of service. You acknowledge and agree that your right to use such Third Party Content is subject to and governed by the terms and conditions of the open source and third party terms of service applicable to such Third Party Content, including, without limitation, any applicable acknowledgments, license terms, and disclaimers contained therein. In the event of a conflict between the terms of this Terms of Use and the terms of such open source or third party terms of service, the terms of the open source or third party terms of service shall prevail with regard to your use of the relevant Third Party Content.

 

8.3 Other than when expressly allowed, any use of our content and it is being uploaded, publicly displayed, republished, reproduced, posted, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for advertisement, publication or any other commercial manner without our prior written consent is not allowed.

 

9. USER'S OBLIGATIONS

 

9.1 You are a restricted user of this Website.

 

9.2 You shall not cut, copy, distribute, modify, recreate, reverse engineer distribute, disseminate, post, publish, or create derivative works from, transfer, or sell any information or software obtained from the Website.

 

9.3 You agree not to access the Website and/or the materials or services by any means other than through the interface that is provided by the Website.

 

9.4 You acknowledge and agree that by accessing or using the Website, you may be exposed to content from other users that you may consider offensive, indecent, or otherwise objectionable.

 

9.5 You acknowledge and agree that the use (if any) of any sharing function on the Website to share content to Facebook, Google, LinkedIn or other platform will be subject to the other service provider’s terms of use.

 

9.6 You  acknowledge and agree that we may disclose your information, to FITDOC and its employees, agents, contractors, and affiliates and with third parties involved in a transaction with FITDOC, as well as to other third parties who perform certain functions on FITDOC’s behalf in the provision, operation and management of FITDOC's services and to third parties whom FITDOC considers should be provided with such information to prevent contravention of any law or to protect the FITDOC's services.

 

9.7 We disclaim all liabilities in relation to such offensive content on the Website. You may report such offensive content by sending us an email to fitdocmalaysia@hotmail.com.

 

9.8 This Website by nature allows you to provide Personal Information. You undertake to ensure that such material is in accordance with applicable law. Further, you undertake not to:

 

a)   Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean, or otherwise violate the legal rights of others;

b)   Engage in any activity that interferes with or disrupts access to the Website or the services or the servers and networks that are connected to the Website;

c)    Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d)   Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

e)   Post any file that infringes the copyright, patent, or trademark of other legal entities;

f)     Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;

g)   Probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace, or seek to trace any information on any other users of or visitor to, the Website, or any other customer of the Website, including any account not owned by you to its source, or exploit the Website or services or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to your Personal Information, as provided for by the Website;

h)   Disrupt or interfere with the security of, or otherwise cause harm to the Website, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked sites;

i)     Use the Website or any material for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of the Website or other third parties;

j)     Violate the Terms of Use including but not limited to any applicable additional terms of the Website contained herein or elsewhere;

k)    Publish, post, and disseminate information that is false, inaccurate or misleading;

l)     Violate any applicable laws or regulations for the time being in force in or outside Malaysia;

m) Directly or indirectly, offer, attempt to offer trade, or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline for the time being in force.

n)   Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider or other suppliers;

 

9.9         While we shall not be held liable or answerable to other users for any such acts on your part, violation of this clause would lead to potential criminal legal action against you, either by other users of the Website or by us. We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

 

9.10     You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. 

 

9.11     You hereby represent and warrant to us that you do and shall possess all intellectual property and other rights to use, disclose, reproduce, and publish all content and other materials (including photographs, videos, and music) posted or otherwise it makes available to FITDOC or on the Website.

 

9.12     We have no obligation to monitor the material posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use.

 

9.13     In no event shall we assume or have any responsibility or liability for any content posted or for any claims, damages, or losses resulting from the use of Content and/or appearance of content on the Website.

 

9.14     You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

 

10. FORCE MAJEURE

 

FITDOC shall not be liable for any failure to perform its obligations under the Terms of Use if the failure results from an event that is beyond the reasonable control of FITDOC and which results in FITDOC being unable to observe or perform on time its obligation.

 

11. INFORMED CONSENT

 

11.1 FITDOC provides a platform to deliver health care services using interactive audio, video technology and medication delivery services, where you and the doctors, pharmacists, and/or other healthcare providers are not in the same physical location. During your telehealth consultation with doctors, pharmacists, and/or other healthcare providers, details of your health history and personal health information may be discussed with you through the use of interactive video, audio, and other telecommunications technology, and the doctors, pharmacists, and/or other healthcare providers may perform a physical examination through these technologies.

 

11.2 The services you receive from the doctors, pharmacists, and/or other healthcare providers are not intended to serve as a replacement to your primary care physical relationship or diagnose, treat, or cure any physical illness, psychological disorders or be your permanent medical home.

 

11.3 If an emergency or urgent medical situation arises, you understand that you should immediately seek emergency medical care or help or follow-up care at a hospital. 

 

11.4 Among the benefits of our services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of telehealth. These risks include, but are not limited to:

 

11.4.1 In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate healthcare decision-making by the doctors, pharmacists, and/or other healthcare providers.

 

11.4.2 Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication.

 

11.4.3 In rare cases, a lack of access to all of your health records may result in adverse drug interactions, allergic reactions, or other judgment errors.

 

11.5 By accepting the Terms of Use, you acknowledge that you understand and agree with the following:

 

11.5.1 You understand that you may expect the anticipated benefits from the use of telehealth in your care, but that no results can be guaranteed or assured.

 

11.5.2 Electronic communications are directed to the doctors, pharmacists, and/or other healthcare providers through a secure, encrypted video interface and electronic health record.

 

11.5.3 The doctors, pharmacists, and/or other healthcare providers may determine the services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telehealth services to you through the Website.

 

11.6 All communication between the doctors, pharmacists, and/or other healthcare providers and you is a separate transaction that includes without any limitation all warranties related to the consult and after-consult services related to the consult. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication.

 

11.7 We shall ensure all doctors, pharmacists, and/or other healthcare providers providing audio/video consultation and e-prescription are fully qualified and registered with the Malaysia Medical Council (MMC), Pharmacy Board Malaysia, and in possession of a valid annual practising certificate.

 

11.8 We do not endorse any specific doctors, pharmacists, and/or other healthcare providers on the Website nor place any guarantee as to its quality and value. Any such recommendations are done by others and we do not verify or acknowledge the same.

 

11.9 The doctors, pharmacists, and/or other healthcare providers may suggest apt treatments or services in accordance with the information provided by you but we do not guarantee any effectiveness or success upon using the services.

 

11.10 Subject to the above sub-clauses, a contract exists between the doctors, pharmacists, and/or other healthcare providers and you, and as such any breach of contract and thus, any claim arising from such breach is the subject matter of the doctors, pharmacists, and/or other healthcare providers and you alone and we are not responsible, whether directly or indirectly, for the services you receive or for the acts or omissions of any doctors, pharmacists, and/or other healthcare providers you engage through the Website. You are solely responsible for any decision or selection made by you in relation to the doctors, pharmacists, and/or other healthcare providers or the services. In the event of a dispute between you and the doctors, pharmacists, and/or other healthcare providers, you release us from any and all claims, demands, and damages arising out of or in connection with such disputes.

 

11.11 The content on the Website is general in nature and summarized, and is provided for informational purposes only. The content of the website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional advice, or recommendations of any kind.

 

11.12 Reliance on any content provided on the Website is solely at your own risk. We reserve the right to change or discontinue, at any time, any aspect or feature of the Website.

 

11.13 You do hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights you have in your information, in any media now known or not currently known, with respect to your information to enable us to use the information for the purpose of providing the services.

 

11.14 By accepting the terms herein, you do hereby unconditionally and irrevocably agree to give consent to our licensed clinic, telehealth service or pharmacist appointed by us for the delivery of prescription medication and/or products via postage or other modes of delivery.

 

12. INVALIDITY OR UNENFORCEABILITY

 

If any of the Terms of Use is found to be invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining terms and conditions.

 

13. DISCLAIMER

 

13.1 You understand that the Website is a platform that you utilize to seek medical consultation locate and make appointments for chat, phone, or video consult. All of the doctors, pharmacists, and/or other healthcare providers who deliver services to you are independent medical professionals solely responsible for the services each provides to you, you understand that we shall not be liable for any deficiencies including but not limited to misconduct, injury caused, or lack of knowledge from the end of the doctors, pharmacists, and/or other healthcare providers. We are not a party to such interaction and assume no liability that arises from any such acts of the doctors, pharmacists, and/or other healthcare providers.

 

13.2 To the maximum extent permitted by applicable law, the Website, services, and other materials provided by the Website are provided on an “as is” and “as available” basis without warranty of any kind, express, implied, statutory, or otherwise.

 

13.3 We do not represent, warrant and guarantee that:

(a) the use of the services will be secure, timely, uninterrupted, or error-free or operate in combination with any other hardware, software, system, or data;

(b) the services will meet your medical needs, expectations, or other personal requirements;

(c) any materials, stored data, or information obtained will be accurate or reliable and results will be effective;

(d) any errors or defects in the Website, services, or other materials will be corrected; or

(e) our servers are free of viruses or other harmful components.

 

13.4 All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent.

 

13.5 Your use of and reliance upon any material or data downloaded or otherwise obtained through the Website and any information contained in or provided through the services is at your sole risk and discretion.

 

13.6 The services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the mobile device you use). We are not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

 

14. LIMITATION OF LIABILITY

 

14.1 To the fullest extent permissible under applicable law, in no event shall FITDOC be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, special, or consequential damages (whether in contract, tort, or otherwise) arising out of or in connection with this Terms of Use, including, but not limited to, any loss of use, loss of data, business interruption, loss of income or profits, irrespective of whether it had advance notice of the possibility of any such damages.

 

14.2 Without limiting the generality of the foregoing, the maximum liability of FITDOC for all claims of every kind arising out of this Terms of Use will not exceed RM 1.00.

 

15. INDEMNIFICATION

 

15.1 You agree to indemnify, defend, and hold harmless FITDOC, its affiliates, officers, directors, employees, contractors, servants, agents, assignees, managers, shareholders, representatives, subsidiaries, suppliers, licensors, and/or any other person from, and against, any losses, damages, injury, proceedings, expenses, costs, or claim of any nature whatsoever (including legal fees and disbursements in connection therewith), arising out of or in connection with:

 

(a) your access and use of the services;

(b) use of your Account other than in accordance with this Terms of Use;

(c) your use of the services;

(d) your dealings with the other service provider;

(e) your breach of this Terms of Use;

(f) non-performance of any representation, warranty, or covenant made or obligation to be performed by you pursuant to these terms of use;

(f) your violation of the law;

(g) your negligence or willful misconduct;

(h) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity.

 

16. MODIFICATIONS, CHANGES, SUSPENSION, DISCONTINUANCE

 

16.1 We reserve the right at any time and from time to time to modify, change, suspend, or discontinue these Terms of Use or any part thereof, with or without notice. Your continued use of this Website after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such modification, changes, suspension, or discontinuance.

 

17. TERMINATION

 

17.1 Without prejudice to our other rights under the Terms of Use, we may terminate this Terms of Use immediately, without prior notice, if you fail to comply with any of the terms and conditions stipulated in this Terms of Use.

 

17.2 Notwithstanding the foregoing, we may terminate this Terms of Use and restrict or suspend your access to the Website or your use of the services, at any time for no reason with or without notice and/or bringing court proceedings against you.

 

18. MISCELLANEOUS

 

18.1 The parties hereto are independent contractors. Nothing in this Terms of Use shall operate to constitute a party an agent, partner, employee, or representative of the other party. A party shall not hold itself out as such nor as having any power or authority to incur any obligation of any nature expressed or implied of the other party nor shall a party pledge the credit of the other party.

 

18.2 This Terms of Use constitutes the entire agreement between FITDOC and you with respect to the subject matter contained in this Terms of Use and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral, related to that subject matter.

 

18.3 This Terms of Use is not intended to benefit any third party and does not create any third-party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by FITDOC or you.

 

18.4 If any provision of the Terms of Use is determined by any court or other competent authority to be unlawful, void, or for any reason unenforceable, this will not affect the legality, validity, and enforceability of any remaining provisions.

 

18.5 Except as provided herein, the failure to exercise a right or require performance of an obligation in this Terms of Use shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of this Terms of Use constitute a waiver of any subsequent breach.

 

18.6 You shall not but FITDOC may at any time assign, transfer, sub-contract, or delegate any or all of its rights, benefits, duties, and/or obligations under this Terms of Use without your consent to an affiliate of FITDOC or to an acquirer of all or substantially all of FITDOC’s business, equity, or assets.

 

 

19. GOVERNING LAW AND JURISDICTION

 

19.1 The Terms of Use will be governed by and construed in accordance with the laws of Malaysia. Any disputes, actions, claims, or causes of action arising out of or in connection with this Terms of Use shall be subject to the exclusive jurisdiction of the courts of Malaysia.